HomeMy WebLinkAboutA009 - cover letter with amended ordinance City of AMES, Iowa
50010
JOHN R. KLAUS Public Safety
City Attorney Bldg (515) 232-6210
R. MICHAEL HAYES
SANDRA M. ZENK
Assistant City Attorneys FILED
cir(G>_ERK
ebruary 20, 1980 rfry Gr . '<<_ ;IOWA
Honorable Paul Goodland, Mayor f Ell Z 19a0
And Members of the City Council
Of The City of Ames , Iowa
In Re : Anti-Drug Paraphernalia Ordinance
Dear Mayor Goodland and Council Members :
At the meeting of February 19 the Council voted for passage
of an ordinance to prohibit the sale and display of drug
paraphernalia to any person. Before voting on the ordinance
the Council amended the draft which had been submitted to them
by striking any reference to persons of less than 18 years
of age so as to make the ordinance applicable to persons of
any and all ages . Those changes were to the first page of
the ordinance document -- copy enclosed.
Also enclosed for Council' s consideration is a revised se-
cond page which I have prepared due to a number of comments
heard with respect to concern over the ordinance affecting
the display in the home of drug paraphernalia for purely
decorative purposes . One journalist inquired of me in that
regard and I did respond that I did not think it was the
primary thrust or intent of the City Council to go into the
home in search of such items or practices and that if the
Council was concerned with this that their attention could
be directed to revising the ordinance to make it clear that
this was not their intent. Note the underlined language in
the exceptions clause. If the Council wishes to adopt an
ordinance containing this additional exception, I advise that
it re-initiate the three readings commencing at the meeting
Mayor and Council 2 February 20 , 1980
of March 18 , 1980, which, as you recall, is the date the
Council scheduled for the next hearing on this matter.
Respectfully submitted,
John R. Klaus �..
City Attorney
JRK/dls
Encls .
ORDINANCE NO.
AN ORDINANCE TO PROHIBIT SELLING, DISPLAY-
ING, FURNISHING, SUPPLYING OR GIVING TO
ANY PERSON CERTAIN PARAPHERNALIA DESIGNED
TO FACILITATE THE UNLAWFUL USE OR ADMINIS-
TRATION OF CONTROLLED SUBSTANCES; PRO-
VIDING PENALITIES; AND ESTABLISHING AN
EFFECTIVE DATE.
BE IT ENACTED by the City Council of the City of Ames, Iowa:
Section One. Short Title and Citation.. This ordinance shall be known
and may be cited as the Paraphernalia Regulations of the City of Ames.
Section Two. Definitions. The following words and phrases when used
in these regulations or the purposes of these regulations shall have the
meanings respectively ascribed to them in this section, except where
the context clearly indicates a different meaning:
(1) "Cocaine spoon": A spoon with a bowl so small that the
primary use for which it is reasonably adapted or designed is
to hold or administer cocaine, and which is so small as to be
unsuited for the typical lawful uses of a spoon. A cocaine
spoon may or may not be labeled as a "cocaine" spoon or
"coke" spoon.
(2) "Controlled substance": Any drug, substance or immediate
precursor enumerated, defined or established pursuant to the
provisions of Chapter 204 Code of Iowa 1979, also known as
the Uniform Controlled Substances Law.
(3) "Marijuana or hashish pipe": A pipe characterized by a bowl
which is so small that the primary use for which it is reason-
ably adapted or designed is the smoking of marijuana or
hashish, rather than lawful smoking tobacco, and which may
or may not be equipped with a screen.
(4) "Paraphernalia": An empty gelatin capsule, hypodermic
syringe or needle, cocaine spoon, marijuana pipe, hashish
pipe, or any other instrument, implement, or device which is
primarily adapted or designed for the administration or use of
any controlled substance.
(5) "Person": An individual, corporation, business trust, estate,
trust, partnership or association.
Section Three. Sale or Display Prohibited. It shall be unlawful for
any person to sell, offer for sae, display, furnish, supply or give
away any empty gelatin capsule, hypodermic syringe or needle, cocaine
spoon, marijuana pipe, hashish pipe, or any other instrument, imple-
ment or device which is primarily adapted or designed for the adminis-
tration or use of any controlled substance to any person.
2
The prohibition contained in this section shall not apply to manufac-
turers, wholesalers, jobbers, licensed medical technicians, technolo-
gists, nurses, hospitals, research teaching institutions, clinical labora-
tories, medical doctors, osteopathic physicians, dentists, chiropodists,
veterinarians, pharmacists or embalmers in the normal lawful course of
their respective businesses or professions, nor to common carriers or
warehousers or their employees engaged in the lawful transportation of
such paraphernalia, nor to public officers or employees while engaged
in the performance of their official duties, nor to persons suffering
from diabetes, asthma, or any other medical condition requiring self
injection, _nor shall the prohibition of this section apply to the display
of paparaphernalia iri the home of the owner for purely decorative pur-
oses.
Section Four. Penalties and Remedies.
(1) Violation of the provisions of this ordinance shall constitute a
simple misdemeanor punishable by a fine not exceeding one
hundred dollars ($100) or by imprisonment for a period not to
exceed thirty (30) days.
(2) In addition to or in the alternative to the provisions of sub-
section (1) above, the City Council may institute civil pro-
ceedings to obtain injunctive and declaratory relief or such
other orders of the court as are reasonable and proper to
abate practices, conditions or circumstances found to be
contrary to or prohibited by the provisions of this ordi-
nances.
Section Five. Construction. This ordinance constitutes remedial legis-
lation and is to be liberally construed to give effect to its purpose.
Section Six. Severability.. It is the legislative intent that should any
provision, section, clause or sentence be held unconstitutional or inva-
lid, such holding shall not be construed as affecting the validity of any
of the remaining provisions, sections, clauses or sentences.
Section Seven. Effective Date. This ordinance shall be in full force
and effect from and after its passage and publication as required by
law.
Passed this day of 1980.
Gina Bicknese, City Clerk Paul Goodlan , Mayor